Northern Metal Co.

National Labor Relations Board - Board Decisions

Dec 12, 1975

221 N.L.R.B. 1128 (N.L.R.B. 1975)

1128 DECISIONS OF NATIONAL LABOR RELATIONS BOARD
Northern Metal Company and Port Watchmen's
Union Local 1536, Independent Watchmen 's Asso-
ciation, Petitioner. Case 4-RC-1 1175
December 12, 1975
DECISION AND CERTIFICATION OF
REPRESENTATIVE
After considering objections to an election held on
September 13, 1974, 1 and the Regional Director's'
report recommending disposition of same, the Board
has reviewed the record in light of the exceptions and
brief2 and hereby adopts the Regional ' Director's
findings and recommendations.
The election was conducted pursuant to a Stipulation for Certification
Upon Consent Election The tally was. 10 votes for the Petitioner and I vote
for the Intervenor , Local No 14, Industrial Union of Marine and
Shipbuilding Workers of America , AFL-CIO. There were no challenged
ballots.
z The Employer contends that it is entitled to have access to certain
affidavits submitted to the Regional Director in, the course of his
investigation under .the Freedom of Information Act. The Regional Director
denied the original request for access to such affidavits and thereafter the
Executive Secretary of the Board affirmed such denial.
Some time thereafter, effective February 19, 1975, the Board amended
Sec. 102.117 of its Rules and Regulations , Series 8 , to provide, inter aka, the
procedure whereby requests under the Freedom of Information Act for
records of this Agency are to be made and determined . Sec 102 .117(b)(2)(ii)
CERTIFICATION OF REPRESENTATIVE
It is hereby certified that a majority of the valid
ballots have been cast for Port Watchmen's Union
Local 1536, Independent Watchmen's Association,
and that, pursuant to Section 9(a) of the National
Labor Relations Act, as amended, said, labor
organization is the exclusive representative I of all the
employees in the following appropriate unit for the
purposes of collective bargaining in respect to rates
of pay, wages, hours of employment, or other terms
and conditions of employment:
All guards employed by the Employer at its
Milner and Bleigh Avenue, Philadelphia, Pennsyl-
vania, location, excluding all other employees and
supervisors as defined in the Act.
provides that, in the event of an adverse determination by the Regional
Director, appeal thereon is directly to the General Counsel for documents in
the possession of the Region or the General Counsel Requests for
documents under the Freedom of Information Act which are in the
possession of the Board are initially ruled on by the Executive Secretary and
on appeal by the Chairman of the Board.
In this instance an appeal was made to the Executive Secretary prior to
the effective date of our amended Rules and was ruled on by him. Inasmuch
as the documents are in the Region and under the overall control of the
General Counsel, we shall view the Employer' s continued request for the
documents as an appeal -under the rules to be acted upon by the General
Counsel. We therefore refer the present appeal for such documents to the
General Counsel for ruling in accord with the Rules and Regulations
currently in effect.
221 NLRB No. 174